By purchasing or using a Lumin Fitness Membership, you agree to the following Membership Agreement terms, which supplement and form a part of the Lumin Fitness Terms and Conditions.
MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Lumin Franchising LLC (“Lumin Fitness”), located at 6445 Cedar Springs Road, Suite 204, Dallas, TX 75235, and you the member. Lumin Fitness is a fitness studio offering Group and Solo fitness classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered including but not limited to: lockers, changing rooms, restrooms and stretching areas, unless noted otherwise.
Please review this Agreement thoroughly as it is a legal contract between Lumin Fitness and all members. By using the services offered at Lumin Fitness, members are agreeing to the terms of this Agreement.
MEMBERSHIP STATUS DEFINITIONS
Non-Member: A person who has never purchased a Monthly Membership, Class Pack or Introductory Offer from Lumin Fitness.
Active Member: A person who has a Monthly Membership, non-expired Class Pack and/or non-expired Introductory Offer on their account.
Inactive Member: A person whose Introductory Offer or Class Pack(s) have all been consumed or expired with no active bookings, or a person with a deactivated Monthly Membership that has not purchased a new Monthly Membership or Class Pack.
MEMBERSHIP BENEFITS
While you are a member, you may use your membership benefits only at the Lumin Fitness studio where you purchased your membership. Some membership benefits may be available on a first-come, first-served basis with limited supplies and capacity. Memberships are not valid for special events, unless specifically included in your membership benefits. Memberships, membership benefits and member promotions are for personal use only and are non transferable, may not be combined with any other offers, and may not be used to obtain or purchase items or services with the intent to resell such items or services.
At our sole discretion, we may change any term or condition of this Membership Agreement or the features, services, and/or benefits provided under this Membership Agreement. We will notify you at least 30 days in advance of any such change becoming effective via the contact information you have provided in the Lumin Fitness App.
Lumin Coin: Active members of Lumin Fitness have the opportunity to earn or purchase Virtual Currency (“Lumin Coin”), during each Lumin Fitness Season. Lumin Coin earned or purchased during the current Lumin Fitness Season expires at the end of the Season, regardless of the date earned or purchased. Unless otherwise stated, Lumin Coin is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values. Lumin Coin may only be used within this Application for the purposes expressly authorized by Lumin Fitness within the framework of its Services. In case of contract or account termination for any cause attributable to the member, any and all unused Lumin Coin shall be forfeited and no refund shall be granted. See the Lumin Fitness Terms and Conditions for additional terms regarding our Virtual Currency.
PURCHASES AND PAYMENT
Payment Collection: Monthly Memberships are paid in advance for the following month, on the calendar date which the membership became activated. Class Packs and Introductory Offers are billed in full at the time of purchase. These payments are made via automatic debited payment by credit card or debit card via the Lumin Fitness App. Additional terms regarding the automatic debited payments are outlined below.
Class Usage and Expiration: Members with Monthly Memberships are required to keep a current credit card on file in order to maintain Active status. Any unused monthly classes may not be extended, transferred, refunded, shared, or frozen.
Introductory Offers will activate on the first class either booked or waitlisted. Lumin Fitness staff will not adjust or extend Introductory Offers due to waitlisted classes or accidental bookings through the acts or omissions of members.
Class Packs activate upon purchase and include a listed expiration date. Classes cannot be booked or waitlisted with a Class Pack past the Class Pack expiration date. Members purchasing expiring Class Packs do so with the understanding of these terms and agree to be bound by such.
Class Packs and Introductory Offers may not be extended, transferred, refunded, shared, or frozen.
Credit Card on File: Members may elect to keep a credit or debit card on file using their Lumin Fitness App. By placing a card on file, the cardholder and account holder gives permission to Lumin Fitness team members to charge the card for any auto-debit packages and/or cancellation/no-show fees accrued in accordance with the Lumin Fitness cancellation policy detailed below.
Auto-Debit: By enrolling in a Monthly Membership, you authorize Lumin Fitness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly fee specified when you purchased your Monthly Membership, on the billing due date. You understand and acknowledge that (1) Lumin Fitness will initiate charges pursuant to this authorization and/or in connection with cancellation fees per the policy below; (2) if you are booked or waitlisted in a class past your next monthly billing date, and your debit/credit card fails to bill properly, that you will be considered Inactive and removed from those booked or waitlisted classes; (3) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (4) it is your responsibility to keep a current card on file with accurate billing information. Lumin Fitness cannot be held responsible for errors in processing due to expired or inaccurate information. Your previous Monthly Membership type or pricing may not be available for reinstatement or repurchase following a declined credit card/debit card.
Refunds: If you believe you have been billed in error, please notify your local Studio within 30 days of the billing date. Lumin Fitness will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law. For additional assistance you may also contact [email protected].
CLASS CANCELLATION AND BOOKING POLICIES
Reserving Classes: Members are solely responsible for the booking and canceling of their classes. Members can only book spots in classes through the Lumin Fitness App. Members may book one Group class and unlimited Solo classes per day.
Cancellations: Reservations may be canceled without penalty up to 8 hours prior to the class start time. This must be done via the member’s account in the Lumin Fitness App. The class will be returned to the member’s account, and the member will not be charged a cancellation fee.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message and text message are not valid and the member will be charged.
Class Check In: If a member has not canceled the class and does not enter the studio by their scheduled class start time, it is considered a no-show and Lumin Fitness reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).
Cancellation Fees and No-Show Fees for Class Packs + Limited Monthly Memberships: If you do not cancel before the 8-hour window, your class will still be debited from your account. If you do not cancel priori to 30 minutes of the class start time and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account and the class will be debited from your account.
Cancellation and No-Show Fees for Unlimited Monthly Memberships: If you do not cancel before the 8-hour requisite window, a late-cancel fee of $5 will be charged to your account. If you do not cancel prior to 30 minutes of the class start time and do not show up to your scheduled class, a no-show fee of $15 will be charged to your account.
Waitlist: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. Members are allowed to join two waitlists per day. The system will auto-populate members into class from the waitlist as soon as other members with confirmed spots cancel, and class slots will be assigned as such up to 30 minutes before class start. Lumin Fitness team members are not able to move members on and off of waitlists.
If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy.
MONTHLY MEMBERSHIP UPGRADES, DOWNGRADES AND DEACTIVATION
Monthly Membership Upgrades: You may upgrade your Monthly Membership at any time. Upgrades will take effect immediately and result in a new billing payment date (the day the upgrade took effect). Any unused classes from the original Monthly Membership become single classes for the Studio where the original Monthly Membership was purchased from, and those single classes will have the same expiration date as the original Monthly Membership.
Monthly Membership Downgrades: You may downgrade your Monthly Membership at any time for any reason. Downgrade requests must be made via the Lumin Fitness App at least one (1) business day prior to the due date of your next billing payment. The downgrade will take effect the subsequent month. Failure to provide timely notice will result in a charge for the full amount of your next billing payment.
Monthly Membership Deactivation: You may deactivate your Monthly Membership at any time for any reason. Deactivation request must be made via the Lumin Fitness App at least one (1) business day prior to the due date of your next billing payment. The deactivation will take effect the subsequent month. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. For example, if your billing payment is due the first day of the month, you must submit a deactivation request via the Lumin Fitness App no later than one (1) business day prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your membership will be canceled as of the date of the subsequent billing payment due date.
MISCELLANEOUS
Conduct/Damages: Lumin Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Lumin Fitness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Lumin Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Lumin Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Lumin Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Lumin Fitness.
Safety: By attending classes, events, activities and other programs at Lumin Fitness, you agree to abide by the following safety rules, as well as other safety rules posted at the studio and/or online:
- Dress Code: Members are expected to wear appropriate workout attire, including athletic shoes and clothing that covers the chest and torso.
- Hygiene: Members are expected to maintain good hygiene including wiping down their space and their equipment after use.
- Personal Belongings: Members are responsible for their personal belongings and are encouraged to use lockers or designated storage areas. Lumin Fitness is not responsible for lost or stolen items.
- Equipment Use: Members are expected to use equipment safely and follow any usage guidelines provided by Lumin Fitness. Members should not monopolize equipment or use equipment for unintended purposes.
- Courtesy: Members are expected to be courteous to other members and team members, refrain from using profanity, and avoid disruptive behavior.
- Pets: Pets are generally not allowed in the workout areas of the fitness studio, except for certified service animals as required by law for individuals with disabilities. Members who bring service animals must provide documentation of certification upon request.
Earbud Rental: Lumin Fitness offers earbuds for rent as a courtesy for members who may have forgotten their personal set. Rental earbuds are available on a first-come, first-served basis with limited supply. Rental earbuds must be returned at the end of class. Failure to return rental earbuds will result in a penalty fee charged to your account, up to the full retail price of the make and model of the earbuds rented.
Photo/Video Release: You hereby grant Lumin Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Lumin Fitness and to use and publish these photos or videos in print and/or electronically. You agree that Lumin Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Lumin Fitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities. You recognize that the Classes and Facilities utilize LED screens, moving pictures and music which may cause imbalance or distraction during class.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules and verbal instructions given to you via in-ear audio and the Lumin Fitness team. You hereby affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in Lumin Fitness’s Classes. You are aware that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise class, or anyone initiating a substantial change in the amount of regular physical activity performed. If you have chosen not to obtain a physician’s consent prior to participation in Lumin Fitness’s Classes, you hereby agree that you are doing so solely at your own risk. You understand that it is your sole responsibility to participate in exercises that are appropriate for the current status of your health.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Lumin Fitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Lumin Fitness's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Lumin Fitness's Classes and Facilities, and should not be participating in any Classes.
Effective Date: April 14, 2023
